Skip to main content

What will happen if I drop my workers comp claim before it gets to court, do I still have to pay attorneys and doctors anyway?

Temple City, CA |

my case has dragged on due to an incompetent attorney. I havent even gone to court yet or received any worker comp benefits and its been 19 months already. in the meanwhile i am now suffering from an incurable illness and I don't want to spend another minute of being put through workers comp hell. I just don't know how all the doctors and or attorney will get paid if i am obligated in that way and how do i go about withdrawing my case?

+ Read More

Attorney answers 4

Posted

The Insurance Company will adjust the medical bills. You can send your Attorney a Certified Letter requesting that he dismiss your claim with prejudice. Absent a legal finding of Fraud, it is almost impossible for the medical providers to pursue you for payment.

We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.

George Ellis Corson IV

George Ellis Corson IV

Posted

If you don't want to deal with your Attorney any longer, you can fill out a Dismissal of Attorney, and send that to Attorney and Carrier with your letter. Then everything is over.

Larry Alan Apfelbaum

Larry Alan Apfelbaum

Posted

George, help me out here. Are you saying the medical providers cannot seek payment from the employee if WC does not Ay and he dismisses is case? Illinois law allows direct collections of unpaid bills if claim is denied or dismissed.

Posted

You can dismiss your case as Mr. Corson suggests. You could also write your attorney and tell him you want it settled...regardless of the amount, within 30 days. You could also dismiss him as your attorney and get it settled yourself. You could also consult with another attorney and change attorneys to someone who can get the case resolved quickly.

You don't indicate what "workers comp hell" you've been put through but usually there is a deposition, a QME evaluation and then maybe a hearing. Three half days spread over 19 months doesn't sound all that hellish to me but you have to decide that for yourself.

Posted

You should really meet face to face with your attorney to make sure he knows of your other medical conditions and understands your concerns. he should be able to explain the WC process and all available options and outcomes for your case. If after the meeting you still think he or she is incompetent, get a second opinion before you make any decisions to drop your claim so you can be sure you are making the right decision.

Good luck

Posted

if you have a legitimate claim you should simply ask your attorney to take the necessary steps to resolve your matter promptly and advise that you are not concerned about the amount.

Employment topics

Recommended articles about Employment

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer